Indiana

Senate Bill 297 (2001)

DIGEST OF INTRODUCED BILL

Citations Affected: IC 25-26-13-16.

Synopsis: Pharmacist's refusal to honor a prescription.
Provides that a pharmacist is immune from criminal prosecution or civil
liability if the pharmacist, in good faith, refuses to honor a prescription
because the prescription is against the pharmacist's religious beliefs or
moral convictions.

Effective: July 1, 2001.

Sponsor: Riegsecker

First Reading: January 11, 2001, and referred to
Committee on Corrections, Criminal and Civil Procedures.

Introduced :First Regular Session 112th General Assembly
(2001)

A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

Sec. 16. (a) A pharmacist shall exercise his professional judgment in the
best interest of the patient's health when engaging in the practice of
pharmacy.

(b) A pharmacist has a duty to honor all prescriptions from a
practitioner or from a physician, podiatrist, dentist, or veterinarian
licensed under the laws of another state. Before honoring a prescription,
the pharmacist shall take reasonable steps to determine whether the
prescription has been issued in compliance with the laws of the state where
it originated. The pharmacist is immune from criminal prosecution or civil
liability if he the pharmacist, in good faith, refuses to
honor a prescription because, in his the pharmacist's
professional judgment, the honoring of the prescription would:

(1) be contrary to law;

(2) be against the best interest of the patient;

(3) aid or abet an addiction or habit; or

(4) be contrary to the health and safety of the patient; or

(5) be against the pharmacist's religious beliefs or moral
convictions.